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(영문) 서울동부지방법원 2021.03.09 2020가단126966

손해배상(기)

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1. The defendant shall pay to the plaintiff KRW 39,160,000 as well as 5% per annum from July 9, 2020 to March 9, 2021, and the next day.

Reasons

1. Basic facts

A. On October 7, 2019, the Plaintiff, a juristic person, engaged in the clothing manufacturing industry, entered into a contract under which D and the instant clothing were to be supplied until March 26, 2020 (hereinafter “instant clothing supply contract”) upon receiving a request from D (hereinafter “D”) to manufacture and supply 3,300 copies of tensions (hereinafter “instant clothing”). D and the instant clothing were determined as KRW 13,200, and supplied by March 26, 2020.

B. In 2019, the Plaintiff: (a) determined KRW 1,500 per head of the Defendant, a corporation that runs the printing business of the end screen screen; and (b) entrusted the Plaintiff with the work of printing D trademark to the original part of the instant clothing to be supplied by the Plaintiff (hereinafter “instant printing service contract”). (c)

Before the conclusion of the trademark service contract of this case, the sample of trademark flock work (hereinafter “the sample of this case”) sent by the Defendant to the Plaintiff did not fall into flock, and the flock and flock did not fall into D trademark.

In doing so, it was found that D's part of the clothing of this case completed with the Defendant's printing operation from the Plaintiff was found that there was a problem of lap lap when the trademark lap was imped, and that there was a problem of lap when he was flaped by the Plaintiff. On March 23, 2020, the issue was confirmed at the place where the Plaintiff's side staff, the Defendant's side staff, and D's staff are the mother.

(d)

D, around March 23, 2020, notified the Plaintiff that all the clothing should be discarded, and on March 26, 2020, the Plaintiff drafted a letter of agreement and a letter of confirmation to guarantee that all the clothing of this case was discarded at the Plaintiff’s responsibility and cost.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including various numbers if there are several numbers) and the purport of the whole pleadings

2. The parties' assertion

A. On February 10, 2020, before the Plaintiff made the instant clothes, the Plaintiff received the instant samples from the Defendant and tested the quality of the instant samples. The trademark of the instant samples is a saw.